For survivors of sex-related crimes, one of the first questions may be whether there is still time to take legal action.
In other words, is there a statute of limitations on sexual abuse? What if you recently discovered the abuse? The answer is that the statute of limitations for sexual assault cases can vary widely depending on your state, the type of claim, and your age when the abuse occurred.[1]
That can make the deadline difficult to judge on your own, especially when special rules or exceptions may apply. Learning how these time limits work can help you have a more informed conversation with an attorney about your options.
This article is intended for educational purposes only and should not be construed as legal advice.
Key Takeaways
- A statute of limitations is the legal deadline for filing a lawsuit or bringing criminal charges.[1]
- Civil and criminal sexual abuse cases follow separate timelines, so the deadline for a criminal prosecution does not determine how long you have to file a civil lawsuit.[1]
- Some rules can give survivors more time to file a civil claim, including discovery rules, rules for people who experienced abuse as minors, and temporary lookback windows for claims that had already expired.[2]
- Many jurisdictions have removed criminal statutes of limitations for at least some child sexual abuse offenses, while some have also removed civil deadlines.[2]
- Because deadlines and exceptions vary so widely by state and the facts of your case, an attorney should review your situation and explain which filing period may apply.
- If you file a civil lawsuit and qualify for pre-settlement funding, you can receive a cash advance based on your expected recovery to help cover daily expenses.
What Is a Statute of Limitations and Why Does It Matter?
A statute of limitations sets the legal deadline for starting a lawsuit or other legal action. The length of that deadline depends on the type of case and the state where you file the lawsuit. The statute of limitations for sexual assault can also vary based on the age of the survivor when the assault occurred.[2]
Civil and criminal cases use separate deadlines. A civil statute of limitations controls how long you as a plaintiff have to file a lawsuit, while a criminal statute of limitations controls how long the government has to bring criminal charges.[1]
If you miss the civil deadline, you generally lose the right to pursue that claim in civil court. However, some laws can pause the deadline or give you more time under certain circumstances. Criminal rules also differ, so you shouldn’t always assume your time has expired.
What Can Pause or Extend the Statute of Limitations on Sexual Abuse?
In sexual abuse cases, laws can sometimes pause a statute of limitations or change when the filing period begins. The rules can vary, depending on:[2]
- The state where the abuse occurred
- When you discovered or remembered that the assault had occurred
- The survivor’s age when the abuse occurred
- Whether there is DNA evidence
- Whether the claim is civil or criminal
Some states use the discovery rule, which means your filing period starts when you discover, or reasonably should have discovered, that the abuse caused your injuries, rather than on the date the abuse occurred.[3] These laws were created because survivors sometimes don’t remember abuse until later, especially if it occurred as a child, for example in foster care.
States may also pause the deadline while you are a minor, give you a longer period to sue after you reach adulthood for certain offenses, or have different laws when the abuser was in a position of power, such as clergy sexual abuse.[4]
Lawmakers in some states have also created temporary lookback periods for civil claims that had already expired, called “lookback windows.”[4] These are often created in response to certain types of childhood abuse, such as juvenile detention center sexual abuse. New York, for example, passed a law that revived certain expired childhood sexual abuse claims for a limited filing period.[5]
New evidence can affect deadlines as well. Under federal law, if DNA testing identifies a specific person as being involved in a felony, such as rape, the statute of limitations extends from the date the DNA evidence identifies that person.[6] States can also set their own laws. Extensions for criminal and civil cases may vary, so it’s important to consult an attorney.
Civil Claims vs. Criminal Charges: Two Different Clocks
In sexual assault cases, criminal and civil claims may have different statutes of limitations. For childhood sexual abuse, 44 states and the federal government have no criminal statute of limitations. Some states and the federal government have also eliminated civil filing deadlines for some or all childhood sexual abuse claims. Even in states with statutes of limitations for sexual assault, the deadline may be extended by the discovery rule or other laws.[7]
It’s also important to know that you may seek compensation through a civil lawsuit even without a criminal conviction, because civil cases use a lower burden of proof than criminal cases.[8] For some claims, such as prison sexual abuse or hospital sexual abuse, you may be able to sue the institution that employed the abuser under strict liability laws.[9] Since each state sets its own deadlines and exceptions, a personal injury attorney can review the facts of your case and determine which civil filing deadline applies.
What Happens If the Deadline Has Already Passed?
If the civil statute of limitations has expired, the law generally bars you from pursuing that claim.[1] However, a discovery rule, minority tolling provision, or lookback law may give you more time to sue someone for sexual assault years later.
For that reason, you should talk with an attorney promptly instead of assuming that you waited too long. An attorney can review when the assault happened and any laws that may affect your filing period.
Your civil deadline also does not determine the deadline for a criminal case because criminal and civil statutes of limitations operate separately.[2] You may still have the option to report the assault to law enforcement, although the applicable criminal statute of limitations and any new DNA evidence will determine whether prosecutors can still bring charges.
Get Financial Support While You Pursue a Sexual Abuse Lawsuit
Statutes of limitations for sexual assault vary by state and by the type of claim you bring, so you should talk with an attorney as soon as possible about the deadline that applies to your case. If you file a civil lawsuit, you may then face another challenge: covering your expenses while you wait for your case to reach a settlement or verdict.
Sexual abuse pre-settlement funding gives you access to a portion of your expected proceeds before your case ends. Here’s how it works:
- USClaims works with your attorney to review your claim and bases approval on the strength of your case, rather than your credit score.
- If you qualify, you receive a cash advance that you can use for living expenses while your lawsuit continues.
- If you recover compensation, your attorney repays USClaims from your settlement proceeds. If you do not recover compensation, you do not repay the funding.
Requesting pre-settlement funding is simple and will not affect your credit score. We have more than 30 years of experience and have provided plaintiffs with more than $1 billion in funding in the past decade alone.
If you need financial relief while your sexual abuse case moves forward, submit a request online or call 1-877-USCLAIMS today.
Frequently Asked Questions
What are the typical time limits for bringing criminal charges related to rape?
There is no single time limit for bringing criminal charges related to rape. Each state sets its own deadlines, and the limit can depend on the survivor’s age and whether a civil case or criminal charges are being pursued.[2] Some states have removed criminal deadlines for serious sexual offenses, while others still impose a set filing period. For child sexual abuse, 44 states, six U.S. territories, and the federal government have eliminated criminal statutes of limitations.[4]
If the victim was a minor at the time, how does that affect the statute of limitations on rape?
If you experienced sexual abuse as a minor, you may have more time to pursue criminal or civil action. Some states extend criminal deadlines when the victim was a child, while many have eliminated criminal deadlines altogether for child sexual abuse offenses. For civil claims, some states pause the filing period until you reach a certain age or allow extra time based on when you discovered the connection between the abuse and your injuries.[4]
Are there situations that pause or extend the statute of limitations on rape, such as DNA evidence or an unknown perpetrator?
Yes. Under federal law, if DNA evidence identifies the perpetrator of a felony, such as rape, the applicable statute of limitations restarts at that time.[6] Some states also extend or eliminate deadlines for other crimes when DNA evidence exists, but the exact rule depends on the state and offense.[10] However, an unknown perpetrator does not automatically stop the filing clock, so you should check the rules in the state where the offense occurred.
What can someone do if the statute of limitations has already expired but new evidence appears?
You can still report sexual violence to law enforcement even if you think the criminal deadline has expired, and new DNA evidence may affect whether prosecutors can pursue a case.[6] However, new evidence does not automatically reopen an expired criminal deadline. Civil rules work differently, and some states have passed laws that allow certain previously expired statutes of limitations for sexual assault to move forward.[2]
How does the statute of limitations on rape impact the ability to file a civil claim for damages?
The criminal statute of limitations does not determine how long you have to file a civil claim for damages. Criminal prosecution and civil lawsuits follow separate deadlines and rules, so one filing period can expire while the other remains open.[2] Your civil deadline may also depend on your age when the abuse occurred, when you discovered your injuries, and whether your state has extended or removed its deadline for certain sexual abuse claims.[2]
Sources
- [1] RAINN, “Learn About Statutes of Limitations,” https://rainn.org/take-action/fight-for-justice/end-sols/#learn
- [2] RAINN, “Understanding Statutes of Limitations for Sexual Violence Cases,” https://rainn.org/reporting-sexual-assault-to-law-enforcement/understanding-statutes-of-limitations-for-sexual-violence-cases/
- [3] Justia Law Dictionary, “Discovery Rule,” https://dictionary.justia.com/discovery-rule
- [4] EnoughAbuse.org, “What Is the Statute of Limitations on Child Sexual Abuse?,” https://enoughabuse.org/what-is-the-statute-of-limitations-on-child-sexual-abuse/
- [5] New York State Senate, “Section 214-G,” https://www.nysenate.gov/legislation/laws/CVP/214-G
- [6] FindLaw, “18 U.S.C. § 3297,” https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-3297/
- [7] National Conference of State Legislatures, “Child Sexual Abuse: Civil Statutes of Limitations,” https://www.ncsl.org/human-services/state-civil-statutes-of-limitations-in-child-sexual-abuse-cases
- [8] Cornell Law School, Legal Information Institute, “Burden of Proof,” https://www.law.cornell.edu/wex/burden_of_proof
- [9] Cornell Law School, Legal Information Institute, “Strict Liability,” https://www.law.cornell.edu/wex/strict_liability
- [10] Law Info, “Criminal Statutes of Limitations: Time Limits for State Criminal Charges,” https://www.lawinfo.com/resources/criminal-defense/criminal-statute-limitations-time-limits.html
Disclaimer:
Throughout this website, the term “loan” may be used for convenience to describe pre-settlement funding. However, such transactions are not loans in the legal sense. Repayment is strictly contingent upon the successful resolution of your case. If your case is unsuccessful, no repayment is required. Common terms like “lawsuit loan” are used colloquially but misrepresent the nonrecourse nature of pre-settlement funding.
*Funding subject to approval. We typically fund within 24 business-day hours after we receive a fully-executed contract. Additional restrictions may apply. Call for details.
**2X CAP may not be applicable for all types of cases and/or jurisdictions.
